Research Methods in Consumer Law
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Research Methods in Consumer Law

A Handbook

Edited by Hans-W. Micklitz, Anne-Lise Sibony and Fabrizio Esposito

Consumer law is worthy of greater academic attention at a time when many new questions arise and old ones need new answers. This unique handbook takes the reader on a journey through existing literature, research questions and methods. It builds on the state of the art to offer a springboard for jumping to the heart of contemporary issues and equips researchers with a starter’s kit to weave together rich traditions, ranging from socio-economics to behavioural analysis.
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Chapter 8: Regulatory validity

Kai P. Purnhagen

Abstract

This chapter introduces a regulatory validity test for behavioural studies to be implemented into legal contexts using the example of European Union consumer law. It takes seriously criticism regarding a lack of legal knowledge and lack of involvement of legal expertise into behavioural policy-making and provides a solution for how to implement them. When assessing the quality of behavioural studies, in this context meaning the ‘fit for purpose’ to guide law-making and interpretation, the ‘regulatory validity’ test will ascertain that such studies can be used as indicators to support legal argumentation.

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